Social Security Disability FAQ

 by: Sheri Abrams, Attorney at Law

WHAT ARE SOCIAL SECURITY DISABILITY BENEFITS?

Social Security Disability is a benefit received from the Social Security Administration by disabled workers and in some cases their dependents, similar to those received by retired workers.

WHO QUALIFIES?

To receive benefits under the Social Security Disability program, you must have a physical or mental health problem (or a combination of problems) severe enough to keep you from working in any regular paying job for at least one year. The test isn't whether or not you are able to go back to your old job, and the test isn't whether or not you have been able to find a job lately. Rather, the test is whether you are capable of doing any job available in the national economy. By using an extensive set of regulations, the Social Security Administration takes into account your medical condition, your age, your abilities, your training and your work experience in deciding your case.

WHAT HAPPENS IF I QUALIFY FOR SOCIAL SECURITY DISABILITY BENEFITS?

If you are found eligible for Social Security Disability benefits, you will get paid retroactive benefits beginning 5 full months after you become disabled, but only for a maximum of 12 months before you applied for benefits. (Please see below for additional information on duration and amount.)

HOW MUCH MONEY WILL I RECEIVE IF I QUALIFY FOR SOCIAL SECURITY DISABILITY BENEFITS?

A disabled claimant will receive the same monthly benefit that he would receive had he retired at full retirement age (65 years old or more depending on age). The sum of money received will depend on one's previous work record.

HOW LONG WILL I BE ABLE TO RECEIVE SOCIAL SECURITY DISABILITY BENEFITS?

You will receive Social Security Disability benefits as long as you remain disabled and unable to work. Your benefits will not run out because you did not contribute enough into the Social Security system.

WHEN SHOULD I APPLY FOR SOCIAL SECURITY DISABILITY BENEFITS?

You should apply for Social Security Disability benefits as soon as possible after you become disabled and unable to work. You do not need to wait 12 months to apply, your disability need only be expected to last for at least one year or will result in death.

HOW DO I APPLY FOR SOCIAL SECURITY DISABILITY BENEFITS?

You can fill out an application for Social Security Disability benefits at the local Social Security office nearest to your home or by telephone. The address and telephone number of your local Social Security office can be obtained by calling 1-800-772-1213. When applying you should be prepared to give Social Security a list with the names, addresses and phone numbers of all the doctors, hospitals or clinics who have treated you for your condition. You should also bring a list of where you have worked in the past 15 years.

You will also need to provide Social Security with an original or certified copy of your birth certificate, your last earnings documents (W-2, last pay stub, statement of your employer, etc.) and copies (keep the originals) of any medical records you may be able to obtain.

Please note, however, that you should not delay filing for benefits if all documents are not immediately available.

WHAT DO I DO IF I AM DENIED BENEFITS?

Appeal! Many disabled people become disheartened and frustrated after they receive a disability benefits denial notice and do not appeal. This is often a mistake. Nationally, about 75% of all applicants are denied intially and about 90% are denied at the first appeal stage--Reconsideration. But many of these people ultimately receive their benefits, nationally about 70%.

What may be most frustrating about applying for Social Security Disability benefits is the process itself. Those who apply are often made to feel like they are asking for something that they do not deserve, and nothing could be further from the truth. Social Security Disability is not a welfare program; these benefits are paid for by you and were intended to act as a financial buffer in case you or a family member became seriously ill or injured. Therefore if you are unable to work, but you have been denied benefits, you should appeal.

DO I NEED AN ATTORNEY?

You have the right to have an Attorney represent you in your Social Security Disability case. Statistics have shown that claimants represented by Attorneys have been much more successful than people without representation. You should seriously consider the advantages of having an Attorny represent you by examining what an Attorney would do in your Social Security Disability case.

WHAT WOULD MY ATTORNEY DO TO REPRESENT ME IN MY SOCIAL SECURITY DISABILITY CASE?

Every case is different. Your Attorney's role depends on the particular facts of your case. However, a few of the things an Attorney may do are:

• Gather medical and other evidence

• Analyze your case under Social Security Regulations

• Contact your doctor and explain Social Security Regulations to obtain a report consistent with those regulations

• Obtain documents from your Social Security Disability file

• Ask that a prior application for benefits be reopened

• Advise you how to best prepare yourself to testify at your hearing

• Protect your right to a fair hearing by objecting to improper evidence and procedures

• If you win, make sure that the Social Security Administration correctly calculates your benefits

• If you lose, request review of the hearing decision by the Social Security Administration's Appeals Council

• If necessary, represent you in a Federal Court review of your case

HOW MUCH DOES IT COST TO HIRE AN ATTORNEY?

Most Attorneys who handle Social Security Disability cases will accept them on a contingent fee basis of 25% of past-due benefit or $5,300 whichever is less. That is, there is no fee if you lose, although you will be obligated to pay any out-of-pocket expenses incurred by the Attorny in your representation. Such expenses usually involve charges for photocopying and payments to doctors and hospitals for medical records and reports, and other miscellaneous charges. Total expenses usually are less than $100.

WHEN SHOULD I CONTACT AN ATTORNEY?

As soon as possible, preferably as soon as your inital application is denied. An Attorney will then be able to start assisting you in determining if you are disabled, as that term is defined by the Social Security Act. You will then be able to decide whether or not you want to pursue the first appeal stage--Reconsideration; and your Attorney can begin developing ways to prove to the Social Security Administration that you are disabled.

Attorneys in Social Security Disability cases do much more than sit in at a hearing and ask a few questions. Much pre-hearing preparation, analysis and evidence gathering go into adequate representation for your case. For this reason you should not wait until a week or two before your hearing to contact an Attorney. The earlier an Attorney is able to start working on your case, the better your chances of winning.

Please note that not all Attorneys practice before the Social Security Administration. You will do best to find an Attorney familiar with the complex Social Security Disability regulations and the somewhat unusual Social Security Disability procedures.

Posted on May 09, 2006 in Social Security Disability | Permalink

Social Security Disability Basics Social Security disability benefits are cash benefits received from the Social Security Administration by disabled persons similar to benefits received by retired persons. Benefits can continue until the beneficiaries are able to work again.

Social Security Disability Insurance (SSDI). There are several types of Social Security disability benefits. Disabled Workers Benefit or Disability Insurance Benefit is the main type. This is received by disabled workers recently employed for 5 out of last 10 years at least. Disabled widows or widowers aged between fifty and fifty nine are entitled to Disabled Widow's and Widower's Benefit, if their late spouse was entitled for Disabled Workers Benefit. Childhood Disability Benefit or Disabled Adult Child Benefit is received by adult children, disabled before age 22, of deceased Social Security disability or retirement beneficiaries. Above mentioned benefits which comes under Social Security Disability Insurance (SSDI, also called DIB or Title II) are financed through the Social Security taxes paid by workers, employers and selfemployed persons. Benefits depends on earnings record of the insured worker.

Supplemental Security Income(SSI) This is a welfare program and is financed through general tax revenue. It provides monthly payments to disabled or blind persons including children under 18 with limited resources or income. A person does not need to have worked or paid taxes to be eligible.

Eligibility for disability benefit If a person has a physical or mental health problem severe enough to prevent him or her from being gainfully employed for over twelve months or can result in death, he or she is eligible for the benefit. The person must be unable to do any work that can be done by a person with same age , education and work experience. Whether the person is able to find a job vacancy is not relevant as long as he or she is capable of doing it.

Five Step Evaluation Social Security Administration uses a five step evaluation process to determine whether a person is disabled.

1. Is the claimant working? If the claimant is working in 2006 and his/her earnings average more than $860 a month, that person will not be considered disabled and the claim will be denied
2. Is the claimant's condition "severe"? Unless the the claimant's condition interferes with basic work-related activities, that person will not be considered disabled and the claim will be denied.
3. Is the claimant's condition found in the list of disabling conditions? Social Security Administration maintains a list of medical conditions, for each of the major body systems, that are so severe that if the claimant has one of those conditions he/she will automatically be considered disabled and claim will be allowed.. If the claimant's condition is not in the list they will consider if the condition is of equal severity to a medical condition that is on the list and if so they will consider him/her disabled and claim will be allowed.
4. Can the claimant work as he/she did previously? If the medical condition of the claimant does not interferes with his/her ability to do the work as he/she did previously, the claimant will not be considered disabled and the claim will be denied.
5. Can the claimant do any other type of work? If claimant cannot do the work he/she did in the past, Social Security Administration will see if claimant is able to adjust to other work. they will consider claimant's medical conditions and age, education, past work experience and any transferable skills he/she may have. If he/she cannot adjust to other work, claim will be approved. If claimant can adjust to other work, claim will be denied.

About the Author

Social Security disability writers from http://www.socialsecurityhome.com

Posted on May 09, 2006 in Social Security Disability | Permalink

Typically, disability payments other than Social Security disability benefits will not affect your benefits. However, there are two notable exceptions to this rule. If you receive workers compensation or another public disability payment, the workers compensation or Social Security benefits you and your family members receive could be reduced, depending on your home state. In some states your Social Security Disability benefits will be reduced and in other states you will receive a full Social Security Disability benefit but your Workers Compensation benefit will be decreased. Either way, there are usually some extra benefits available through Social Security even if you are on Workers Compensation.

Regardless of which benefit your state cuts, the reduction ensures that the combined amount of the Social Security benefit you and your family receive plus your workers' compensation payment and/or public disability payment does not exceed 80 percent of your average current earnings. Though it might seem odd that Social Security is keeping money from disabled persons, the reason Social Security caps benefit payments is to curtail fraudulent claims. With the caps in place you cannot make more money than you did before by simply being disabled, which leaves little incentive to submit false claims.

What Payments Will Be Considered Workers Compensation or Public Disability Payments?

According to Social Security, workers compensation is a payment that is made to a worker due to a job-related injury or illness. Workers compensation can be paid by federal or state agencies, insurance companies, or employers. On the other hand, public disability payments could be paid under a federal, state, or local government law or plan that pays for injuries and disabilities that are not job-related. Examples of public disability payments include civil service disability benefits, military disability benefits, state temporary disability benefits, and state or local government retirement benefits which are based on disability.read more

ABOUT THE AUTHOR

Posted on May 09, 2006 in Social Security Disability | Permalink